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Batavia's newest diner set to open on Monday

By Howard B. Owens

It's been a lot of work, but Fedora Diner, at 4974 Ellicott St. Road, Batavia (the former Beehive location) is finally ready to open, according to owner Alice Buckel.

The diner will open Monday, but it's just a soft opening for the first few days. The diner will offer only baked goods and coffee. A full hot-breakfast menu will be served once any kinks in operations get ironed out.

Local Dem arrested after Republican legislator accuses him of harassing phone call

By Howard B. Owens

County Legislator Jay Grasso says he felt threatened by online postings, and one phone call, from a member of the County Democratic Committee and so he called State Police.

Yesterday, 30-year-old Chris Charvella -- a former candidate for the legislature himself and a frequent contributor to The Batavian -- was arrested and charged with aggravated harassment, 2nd, a misdemeanor.

Today, Grasso said that he felt Charvella had gone too far with some of his postings, but when Jay got a call from his wife, who said she felt fearful after a phone call from Charvella, he couldn't just laugh it off.

"I don't view it as a joke once you call my wife and upset my wife," Grasso said. "When you call my house and threaten my wife, that's going too far in local politics."

The complaint against Charvella reads:

On the aforementioned date, time and place, said defendant did contact the residence of Jerome J. Grasso by leaving a message. The message stated "Hey, Jerome, it's Chris Charvella, thanks for reading my blog."

The complaint is signed by Jay Grasso.

The alleged message is the same one Charvella said he left in a blog item about troopers showing up at his house that he posted on his own website yesterday at 7:55 a.m., more than 24 hours before his arrest.

Today, Charvella, who lost a legislative race to Republican Hollis Upson in 2009, made a two-sentence statement to The Batavian: "You can decide whether or not there is something illegal in there. I obviously don't think so."

The genesis of this particular dispute goes back to just a few days before the Nov. 2 election. Charvella wrote in a blog post that he had shown up to work that morning and found a lawn sign for Republican Mike Ranzenhofer's campaign on his employer's property. He speculated that Grasso had left the sign, giving him the alias, "Sharome Glasshole."

Charvella concluded his post thusly:

"So, to the Genesee County 'sign guy' and the Ranzenhofer campaign: The next time I see an unauthorized sign go up in front of a commercial property, I'm going to harvest the damn thing, march straight down to Republican headquarters and cram it up the first ass I see."

The next day, according to another blog post by Charvella, a Ranzenhofer sign was left in his front yard with a message, "Courtesy of Sharome Glasshole."

It was that message, according to Charvella, that prompted the phone message on Glasso's home phone.

In that post, Charvella raised a number of allegations about Grasso, accusing him of not having a job to pay his bills, having a house go into foreclosure and assaulting a subject while a Sheriff's deputy.

Those are allegations Grasso has heard before and he said today that he can prove he was the victim of identify theft and he is fully prepared for local Democrats to try and use those allegations against him.

Charvella's post concludes with a picture of an Ewok (of "Star Wars" movie fame) and the caption "Prepare Your Anus."

That was a remark that Grasso said he found threatening, adding that the alleged threats have no place in local politics.

"This is local," Grasso said. "We all know each other. We don't need this partisanship. Hopefully, (this case) will cause people to reflect and step back from the politics of destruction."

Photo: File photo of Charvella.

15-year-old Batavia girl missing since Nov. 2

By Billie Owens

Batavia police are seeking the public's help in locating a 15-year-old girl who has been reportedly missing from home since Nov. 2.

She is said to be a runaway.

Her name is Justice Osborne and she is described as a black female, 5' 2" with brown hair and eyes, and weighing about 150 pounds.

She was last seen wearing a T-shirt, jeans and a hoodie. Justice has scars on both legs.

It is believed she may be in the Rochester area.

Anyone with information on her whereabouts is asked to call Batavia Police Det. Rich Schauf at 345-6312 or the police department at 345-6350.

And you can also phone 1-800-346-3543, which is the number (1-800-FIND-KID) for the state's Missing and Exploited Children Clearinghouse.

(NOTE: We are hoping to be able to get her picture soon.)

Power line down on Richmond Avenue, Batavia

By Billie Owens

A power line is down and blocking the roadway on Richmond Avenue, between Vernon Avenue and Oak Street.

The Batavia Fire Department is responding and traffic police will be there to aid the flow of traffic.

Contact info. for officials in Baby Andrew case

By Billie Owens

Concerned citizens who would like to write letters to the judge handling the Baby Andrew (Cianfrini) case can do so by writing him directly at:

Judge Peter C. Buckley
P.O. Box 588
(physical address is 224 Lake St.)
Elmira, NY 14901

(FYI...his office phone number is (607) 737-2940.)

For those wishing to write to Chemung County Probation Department, which is preparing a presentencing report for the killer of the 21-month-old toddler, the address is:

Atten: Brian Dupont
RE: People v. Melissa Engelhardt
Chemung County Probation Department
203 Williams St.
Elmira, NY 14091

Engelhardt is scheduled to be sentenced by Judge Buckley at 1:30 p.m. on Monday, Dec. 6, in Elmira.

Police Beat: Alleged domestic incident outside Days Inn leads to arrest

By Howard B. Owens

Robert J. Probst, 30, of 301 Oak St., Batavia, is charged with coercion, 2nd, and obstructing government administration, 2nd. Probst was reportedly involved in a domestic incident at Days Inn at 4:48 p.m., Wednesday. During the incident, a victim reportedly locked him or herself in a car. Probst allegedly displayed a knife and threatened to damage the car if it was not unlocked. When police responded, Probst allegedly fled on foot and was caught minutes later (perhaps in the area of Bob Evans restaurant). Probst was jailed on $2,500 bail.

Joshua A. Harris, 21, is charged with criminal contempt, 2nd. Harris was allegedly on the property of a protected person. Police located Harris a short distance away and took him into custody. Harris was also wanted on a warrant out of Batavia City Court for a previous alleged incident of criminal contempt. He was jailed on $1,500 bail.

E-mail: A message for Batavia from a Vietnam Vet

By Howard B. Owens

We just received this e-mail that I thought worth sharing:

I kept it to myself for many years that I was a Vietnam Veteran. When I went to 2 Pow Wow's with my Native American girlfriend last year in Florida, as we are snowbirds, I was delighted to be a veteran, as the Native Americans really treat the veterans with great respect.

On Thursday 11, Nov. 2010, I took my turn standing guard at the monument in Batavia. Never in my life did I expect the glory I received that day. It really made me proud to be a veteran again. People I never met came up to me with coffee, water, and snacks. The people that waved to me in cars, trucks, and semis overwhelmed me.

Then people would roll down their windows to thank me for being a Vietnam Vet. I know people have said this many times, that we did not get the welcome home we deserved due to our country being divided in turmoil. I now know what great meaning it is to be a veteran of the United States.

Being in such a great mood while eating supper in The Vets Club in Brockport, there was this young lad that kept admiring my boonie hat. Well after eating and getting ready to leave, I took off my hat pins and gave that boy my hat. I knew I had to do this in return for all the thanks I received from the Batavia residents. Then when talking to this boy's father and grandmother, I found out he was up here from North Carolina waiting for his grandfather's ashes to be sent up here so they could have a funeral. His grandfather was also a vet.

So now, I do not hang my head in shame for being a Vietnam Veteran, but walk with it high in the air. I bleed with all my fellow vets. If you do not belong to either a VFW, an American Legion, or some sort of vets club, do please come out of your shell and join one now. It is very good therapy as I found out. Again, I want to thank the community of Batavia for the great thank yous and waves you gave me on Thursday 11, November 2010.

Bob Polle
(U.S. Navy Retired)
Vietnam Veterans of America Chapter 193

Photo: South Jackson Street tree

By Howard B. Owens

There's a really interesting, twisted, gnarly old tree at the end of South Jackson Street by the railroad tracks. I dropped by there yesterday looking for a photograph.

Photos: Veterans Day 2010

By Howard B. Owens

Area veterans gathered in Batavia today to honor the men and women who serve or have served in the United States military.

There were ceremonies at the VA Center, the Upton Monument and the Jerome Center.

More pictures after the jump:

(Reprints of these and more pictures from today are available by clicking here.)

Photo: Construction on Bank Street

By Howard B. Owens

The intersection of Bank and North was pretty tied up this morning as construction workers were busy ripping out asphalt. Meanwhile, there was freshly laid concrete for new sidewalks along Bank Street.

Police Beat: Oakfield youth accused of threatening fellow student

By Howard B. Owens

A 16-year-old from Oakfield is charged with harassment, 2nd, and aggravated harassment, 2nd. The youth is accused of sending threatening text messages to another student and then issuing a threat in-person to the other student.

Richard Dean McKague, 20, of Colorado Avenue, is charged with petit larceny. McKague is accused of attempting to leave Kmart with merchandise he did not purchase.

Janet L. Grossman, 43, of Clipnock Road, Stafford, is charged with unlawful possession of marijuana. The marijuana was allegedly found during a probation search of her home.

Man who admitted to sex act in Farrall Park is no-show in court, warrant issued

By Howard B. Owens

Last week the attorney for Justin Amend, who previously admitted to a sex act in Farrall Park, said the former Oakfield resident was too embarrassed by his notoriety to even walk into Tops Market.

Yesterday, he was apparently too embarrassed to even show up in city court.

Today, Amend is a wanted man. (Source: Buffalo News)

Amend reportedly failed to appear in court Wednesday and a warrant was issued for his arrest.

Last week, Judge Robert Balbick informed Amend that because the 29-year-old former Oakfield resident moved to Florida, the option of a no-jail sentence had been eliminated.

As part of a plea bargain, Amend pled guilty to public lewdness, a Class B misdemeanor, in exchange for a promise of no jail time.

But Florida is unlikely to accept supervision of a probation case, attorneys said, for a misdemeanor violation.

Balbick gave Amend's attorney, Tom Williams, a week to explore weekend jail options and make his own inquiries with Florida about probation.

Genesee County residents banding together to seek justice for Baby Andrew

By Howard B. Owens

A growing number of people in Genesee County have a message for Chemung County Judge Peter C. Buckley: Do right by Baby Andrew.

They already think Buckley has served justice poorly by not finding Andrew Cianfrini's killer -- his own stepmother, 24-year-old Melissa Engelhardt -- guilty of murder. Instead, Buckley found Engelhardt guilty of only manslaughter in a non-jury trial where Buckley was the sole fact-finder in the case.

More than 1,200 people have joined a Facebook group, Justice for Baby Andrew, and about 100 of them gathered Wednesday evening for a candlelight vigil at St. Joseph's Mausoleum, where Baby Andrew was laid to rest.

The vigil came on the one-year anniversary of Andrew's death and 26 days before Engelhardt is scheduled to be sentenced in Elmira.

"Today is a day to honor Andrew," said Kathy Dempski, a friend of Andrew's biological mother, Kristen. "But it's also a day to let the judge know about the injustice he gave to Andrew."

She later added, "She (Engelhardt) deserves to spend the rest of her life in prison. She doesn't deserve to walk out. She doesn't deserve anything."

Andrew's grandfather, John Cianfrini, pointed out that since Engelhardt was only convicted of manslaughter, the maximum penalty she faces is 25 years. She could receive as little as five years and then be eligible for parole after serving only two-thirds of that time. 

"You would have had to be there to appreciate what a devastating decision this was," Cianfrini said. "He (the judge) basically believed her story that she didn't intend to kill Andrew, only hurt him."

An expert toxicologist testified at trial that the 21-month-old toddler had twice the lethal amount of formic acid in his heart from the methanol in his system.

Methanol lowers the freezing point of water. It is a component of windshield-washer fluid.

Englehardt put the methanol in Andrew's sippy cup. Prior to poisoning Andrew, according to testimony, Englehardt did a computer search on how to poison a toddler.

John Cianfrini encouraged concerned residents to write letters to the probation department in Chemung County, which is in the midst of preparing a pre-sentence report that Buckley will review prior to imposing a sentence.

Englehardt is scheduled to be sentenced Dec. 6.

Suspects who allegedly fled Walmart with stolen merchandise caught after short foot chase

By Howard B. Owens

Two men who reportedly ran from Walmart yesterday afternoon allegedly carrying hundreds of dollars of stolen merchandise were quickly tracked down by law enforcement.

The first suspect was taken into custody in the Kmart parking lot by Batavia Police Officer Chris Camp, who spotted the second suspect running across Lewiston Road and in between the Town of Batavia Fire Hall and Baker's Frontier Kitchens.

Deputies Chad Minuto and Timothy Wescott jumped a fence behind Baker's and pursued the suspect down Colonial Boulevard.

A citizen was able to help locate the suspect after seeing him run into the back yard of a residence on Colonial.

Wescott suffered some minor cuts going over the fence, was checked at UMMC later, and is fine, according to Chief Deputy Gordon Dibble.

Taken into custody were Phillip William Czaja, 27, of Drake Street, Oakfield, and Jarell JT Jones, 22, of Lewis Place, Batavia. Both were charged with petit larceny.

Jones was also wanted on an arrest warrant out of Genesee County Family Court. Following an arraignment in front of Judge Adams, he was committed to Genesee County Jail for six months.

Jones allegedly stole $179.88 in merchandise from Walmart. Czaja was allegedly found in possession of $256.76 in stolen merchandise.

Czaja was jailed on $200 bail.

(initial report)

Police Beat: Traffic stop leads to drug and weapons charges

By Howard B. Owens

Douglas Grant Goodwin Jr., 19, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Goodwin was stopped at 1:30 p.m., Monday, on Sheppard Road, Batavia, for allegedly pulling a trailer without registration or lights by Deputy Brian Thompson. During the stop, Goodwin was allegedly found in possession of marijuana, hydrocodone pills and a double-edged dagger. K-9 "Jay" participated in the investigation.

Gregory Louis Lepsch Jr., 18, of Batavia-Elba Townline Road, Batavia, is charged with unlawful possession of marijuana. Lepsch was apparently with Goodwin at the time of the traffic stop at 1:30 p.m., Monday, on Sheppard Road, by Deputy Brian Thompson and K-9 "Jay."

Thomas A. Rebar, 55, of Albion, is charged with unlawful possession of marijuana. Rebar was arrested at 1:10 p.m., Saturday, by State Police, on East Shelby Road, Alabama.

A 16-year-old from Bethany, is charged with menacing, 2nd, using a weapon. The youth was arrested by State Police at 9:15 a.m., Sunday, for an alleged incident in Alexander. No further details were released.

Joshua H. King, 25, of Batavia, is charged with grand larceny, 4th (credit card). King was arrested by State Police at 3:16 p.m., Nov. 5, for an alleged incident two days earlier in the Town of Murray. King was held without bail. No further details were released.

Walter L. Knickerbocker, 53, of Pavilion, is charged with possession of a loaded firearm in a motor vehicle, criminal possession of a controlled substance, 7t, and unlawful possession of marijuana. Knickerbocker was arrested by State Police at 9:36 p.m., Nov. 5, on Route 19, Le Roy. No further details were released.

Car smoking following accident on South Main

By Howard B. Owens

A car accident in the area of 189 South Main St., Batavia, has left one vehicle smoking.

Traffic is not blocked and there are no injuries.

City Fire is responding.

UPDATE 10:02 a.m.: Police on scene reports there just seems to be spilled radiator fluid.

Sponsored Post: South Beach offers buffet for working people on a tight lunch schedule

By Press Release

Business owners and people with jobs that leave them only limited time for lunch are the target audience for South Beach Restaurant's noon-time buffet, according to owner Ken Mistler.

Mistler launched the buffet a month ago.

"People on lunch hour need to get in and get out and eat at their own pace," Mistler said.

The buffet allows people to come in, place their drink order and immediately serve themselves -- no waiting for a meal to be prepared and multiple courses to be served.

The food is all freshly made each day, Mistler said. Nothing is frozen.

And the available entrees also change each day, based on what's available at the market.

Already there've been days featuring meatloaf, steak, fish, chicken, pork, ribs and all kinds of pasta dishes.

"We want people to get a good, wholesome meal and still be in out quickly if that's what they need," Mistler said.

The buffet includes a full salad bar -- at least 24 items each day -- and fresh, homemade soup.

"We have a new soup recipe every day," Mistler said.

The desserts are also fresh and made from scratch, according to Mistler.

The buffet is open from 11 a.m. to 2 p.m. and the cost is only $10 (drinks sold separately), though it is not "all you can eat."

Grand Jury Report: Batavia man indicted for allegedly biting police officer

By Howard B. Owens

Recent indictments from the Genesee County Grand Jury:

Donald F. Stillwagon II, is charged with assault, 2nd. Stillwagon is accused of assaulting a police officer with the intent of preventing him from performing his lawful duties. The alleged incident occurred on Sept. 29. (Initial Report)

Adam B. Thomas is charged with misdemeanor DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Thomas is accused of driving a 1998 Dodge on Prole Road in Stafford on June 13 while intoxicated.

Sath P. Dhanda is charged with two counts of criminal contempt, 1st. Dhanda is accused of physically attacking a woman for which there was an order of protection in place and putting her in fear for her life. The alleged incident occurred on Sept. 24.

James D. Henry is charged with attempted grand larceny, 3rd, and criminal possession of a forged instrument, 3rd. Henry is accused of attempting to steal something of greater value than  $3,000 on Sept. 28 in the Town of Le Roy. He is also accused of possessing forged prescriptions.

Jason A. Armstrong is charged with assault, 2nd, and criminal contempt, 2nd. Armstrong is accused of causing serious physical injury, with intent to do so, to another person in Stafford on June 27. Armstong is also accused of being in the presence of another person he was ordered by a court not to be around.

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